QUINLIVAN v. EMCASCO INS. CO.

No. C9-87-1283.

414 N.W.2d 494 (1987)

Dinah J. QUINLIVAN, personally and as Trustee for the heirs of Daniel R. Quinlivan, Respondent, v. EMCASCO INSURANCE COMPANY, etc., Appellant.

Court of Appeals of Minnesota.

Review Denied January 15, 1988.


Attorney(s) appearing for the Case

Chester D. Swenson, Gunderson & Swenson, Albert Lea, for respondent.

Peter C. Sandberg, Peggy Sue Juergens, Dunlap, Keith, Finseth, Berndt & Sandberg, Rochester, for appellant.

Heard, considered and decided by POPOVICH, C.J., and RANDALL and STONE, JJ.


OPINION

RANDALL, Judge.

This appeal is from a summary judgment. The matter was submitted to the trial court on a record of stipulated facts and upon cross-motions for summary judgment. The trial court entered judgment in favor of respondent. Appellant claims the trial court erred because there were material issues of disputed fact, and the primary insurer had no authority to negotiate a settlement with the claimant on behalf of the secondary insurer. We...

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